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2026 DAILYLAW 11423 (KAR)

SRI RAMESH B M v. STATE OF KARNATAKA

WP/24162/2025 · 2026-03-13

M Nagaprasanna, R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15148-DB WP No. 24162 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.24162 OF 2025 (LA-BDA) BETWEEN: 1. SRI RAMESH B M SON OF LATE MUTTANNA AGED ABOUT 54 YEARS, AADHAR NO. 743990260483 NO. 82, NEAR GOVT SCHOOL BYLAKERE NORTH, HESARAGHATTA HOBLI, BENGALURU 560 089. 2. SRI. NANDISHA C SON OF CHINDALAPPA AGED ABOUT 42 YEARS, AADHAR NO. 274487353799 R/A NO. 311, 2nd CROSS, ATTUR LAYOUT, YELAHANKA BENGALURU 560 064 …PETITIONERS (BY SRI. ROHAN HOSMATH., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOUSING AND Digitally signed by YASHODA K L Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15148-DB WP No. 24162 of 2025 URBAN DEVELOPMENT VIDHANA SOUDHA, REP. BY ITS SECRETARY 2. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU 560 020 REP. BY ITS COMMISSIONER 3. SPECIAL LAND ACQUISSION OFFICER DR K SHIVARAM KARNATH LAYOUT, OFFICE OF BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDIAH ROAD, BENGALURU 560 020. …RESPONDENTS (BY SRI. M.RAJAKUMAR., AGA FOR R1 SRI. SHIVAPRASAD.M.SHANTANAGOUDAR., ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT DATED 29.08.2023 BEARING No. JCC/124/2023-24 ISSUED BY JUSTICE A.V CHANDRASHEKAR COMMITTEE PRODUCED AS ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15148-DB WP No. 24162 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers; (a) Issue a writ in the nature of certiorari quashing the endorsement dated 29.08.2023 bearing No.JCC/124/2023-24 issued by Justice A.V.Chandrashekar Committee produced as Annexure-H. (b) Issue a writ in the nature of mandamus directing the respondent No.1 and 2 to allot alternative developed site on land-to- land basis and compensation for the value of the building to the petitioners; (c) Pass such other consequential orders as may be necessary in the interest of justice and equity. 2. Heard Sri Rohan Hosamath, learned counsel appearing for the petitioners, Sri M.Rajkumar, learned Additional Government Advocate appearing for respondent - 4 - HC-KAR NC: 2026:KHC:15148-DB WP No. 24162 of 2025 – State and Sri Shivaprasad.M.Shanthanagoundar, learned counsel appearing for respondents –Bangalore Development Authority and have perused the material on record. 3. The learned counsel Sri Rohan Hosmath, appearing for the petitioner taking this Court to the documents appended to the petition would seek to demonstrate that issue in this petition stands covered by a particular order passed by this court in W.P.No.20971/2022 disposed of on 04.12.2024. The learned counsel would further submit that the endorsement that was issued by the Committee should stand quashed in the light of the issue answered in the aforesaid order. 4. The learned counsel Sri Shivaprasad. M. Shantanagoudar, representing the Bangalore Development Authority would submit that the Bopaiah Committee now is empowered by this Court to go into the details of whether - 5 - HC-KAR NC: 2026:KHC:15148-DB WP No. 24162 of 2025 the constructions existed prior to the notification or have come up after the notification. In that light, the matter also could be referred back to the Bopaiah Committee for a factual assessment with regard to the existence of the structures/building prior to the notification or after the notification. 5. This Court, while entertaining the petition, has granted an interim order of status quo to be maintained by the parties till the proceedings would conclude in the light of the matter being remitted back to the hands of the Bopaiah Committee for consideration afresh to bear in mind the observations made in the course of the order, we deem it appropriate to dispose the subject petition with a direction to the Bopaiah Committee to enter upon the issue of whether the subject construction has come up prior to the notification or after the notification and pass necessary orders thereon. The committee shall decide the issue as is indicated herein above with an outer limit of two months from the date of receipt of a copy of the - 6 - HC-KAR NC: 2026:KHC:15148-DB WP No. 24162 of 2025 order if not earlier, in accordance with law. Till such time, the status quo in the subject petition shall continue. 6. In the event, the committee would conclude that construction in the subject land has come up prior to the final notification, the Bangalore Development Authority shall grant benefit to the petitioners in accordance with law as is done in other cases. 7. In the light of the aforesaid observations, as a matter of form, the impugned endorsement stands quashed. Sd/- (R DEVDAS) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE KLY CT: JL